| Court: | scd |
| Docket #: | 2:08-cv-00487 |
| Case Name: | Bardes v. Magera et al |
| PACER case #: | 156365 |
| Date filed: | 2008-02-12 |
| Date terminated: | 2010-08-10 |
| Assigned to: | Honorable Patrick Michael Duffy |
| Case Cause: | 42:1983 Civil Rights Act |
| Nature of Suit: | 440 Civil Rights: Other |
| Jury Demand: | Both |
| Jurisdiction: | Federal Question |
| Represented Party | Attorney & Contact Info |
| David A Bardes Plaintiff individually as a taxpayer; and as next friend of his two minor children DAB and APB, dismissed as of 9-30-09 on behalf ofD A B on behalf ofA P B |
David A Bardes |
| John M Magera Defendant individually and in his official capacity as State's Attorney for South Carolina Department of Social Services TERMINATED: 09/30/2009 |
Stephanie P McDonald |
| State Of South Carolina Defendant TERMINATED: 09/30/2009 |
Stephanie P McDonald |
| Charleston County South Carolina Defendant TERMINATED: 09/30/2009 |
Stephanie P McDonald |
| County Council of Charleston South Carolina Defendant TERMINATED: 09/30/2009 |
Stephanie P McDonald |
| McRoy Canterbury, Jr Defendant individually and in his official capacity as Administrator for Charleston County TERMINATED: 09/30/2009 |
Stephanie P McDonald |
| Kathleen M Hayes Defendant individually and in her official capacity as the South Carolina Department of Social Services State Director TERMINATED: 09/30/2009 |
Stephanie P McDonald |
| Odessa Williams Defendant individually and in her official capacity as Charleston County Department of Social Services Director TERMINATED: 10/09/2008 |
|
| James A Cannon, Jr Defendant individually and in his official capacity as Sheriff of Charleston County South Carolina |
Stephanie P McDonald |
| Correct Care Solutions LLC Defendant TERMINATED: 09/30/2009 |
Roy Pearce Maybank |
| Hon R Wright Turbeville Defendant individually and in his official capacity as a Judge of the State of South Carolina TERMINATED: 09/30/2009 |
Stephanie P McDonald |
| Hon Jocelyn B Cate Defendant individually and in her official capacity as a Judge of the State of South Carolina TERMINATED: 09/30/2009 |
Stephanie P McDonald |
| Hon Paul W Garfinkel Defendant individually and in his official capacity as a Judge of the State of South Carolina TERMINATED: 09/30/2009 |
Stephanie P McDonald |
| Julie J Armstrong Defendant individually and in her official capacity as Clerk of the Courts for the Charleston Judicial Center TERMINATED: 09/30/2009 |
Stephanie P McDonald |
| Wishart Norris Henninger and Pittman PA Defendant TERMINATED: 09/30/2009 |
Bernadette Shawan Gillians Pamela S Duffy William C Cleveland |
| Wade Harrison Defendant Esq individually and in his official capacity as officer within any court of law TERMINATED: 09/30/2009 |
Bernadette Shawan Gillians Pamela S Duffy William C Cleveland |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2008-02-12 | 1 | 0 | COMPLAINT against all defendants ( Filing fee $ 350 receipt number 300022625.), filed by David A Bardes.(ssan, ) Modified on 2/15/2008 Additional attachments to main document added as documents 5 and 6(ssan, ). (Entered: 02/13/2008) | |||
| 2008-02-12 | 2 | 0 | Local Rule 26.01 Answers to Interrogatories by David A Bardes.(ssan, ) (Entered: 02/13/2008) | |||
| 2008-02-15 | 5 | 0 | Additional Attachments to Main Document 1 Complaint (Document titled Exhibit One: The Public Trust. Labels contents as Chapter and Page.) (ssan, ) Modified on 2/15/2008 this document continues as document 6 (ssan, ). (Entered: 02/15/2008) | |||
| 2008-02-15 | 6 | 0 | Additional Attachments to Main Document 1 Complaint (Part 2, continuation of the document in 5 ). (ssan, ) (Entered: 02/15/2008) | |||
| 2008-02-20 | 7 | 0 | MOTION to Change Venue from Charleston Division to Columbia Division by David A Bardes. No proposed order.Motions referred to Robert S Carr.(ssan, ) (Entered: 02/20/2008) | |||
| 2008-03-24 | 10 | 0 | ORDER authorizing service of process by clerk as to Defendant Cannon only and directing plaintiff to notify the clerk in writing of any change of address. Signed by Magistrate Judge Robert S Carr on 3/21/2008. (ssan, ) (Entered: 03/24/2008) | |||
| 2008-03-24 | 11 | 0 | REPORT AND RECOMMENDATIONS of Magistrate Judge Robert S Carr that the District Court dismiss all allegations brought by plaintiff on behalf of the two minor children and that the children be dismissed as plaintiffs to this action. Recommended that the District Court dismiss all claims against all defendants WITHOUT prejudice and without issuance and service of process, except the conditions of confinement claims that arose at the Charleston County Detention Center against defendant Cannon. It is recommended that 7 MOTION to Change Venue filed by David A Bardes be denied. Objections to R&R due by 4/11/2008. Signed by Magistrate Judge Robert S Carr on 3/21/2008. (ssan, ) (Entered: 03/24/2008) | |||
| 2008-03-24 | 12 | 0 | Summons Issued (Restricted Access) as to James A Cannon, Jr. (ssan, ) (Entered: 03/24/2008) | |||
| 2008-03-24 | 13 | 0 | ***DOCUMENT MAILED 11 REPORT AND RECOMMENDATIONS, 10 Order Service - Non-Inmate, and summons placed in U.S. Mail to David A Bardes. (ssan, ) (Entered: 03/24/2008) | |||
| 2008-04-08 | 15 | 0 | OBJECTION to 11 Report and Recommendations by David A Bardes. (ssan, ) (Entered: 04/08/2008) | |||
| 2008-04-08 | 16 | 0 | MOTION to Amend 1 Complaint by David A Bardes. No proposed order.Motions referred to Robert S Carr.(ssan, ) Modified on 7/3/2008 Additional attachments added to main document as document 31 (ssan, ). (Entered: 04/08/2008) | |||
| 2008-04-18 | 18 | 0 | SUMMONS Returned Executed by David A Bardes. James A Cannon, Jr served on 4/10/2008, answer due 4/30/2008. (ssan, ) Modified on 5/6/2008 to correct docket text(ssan, ). (Entered: 04/18/2008) | |||
| 2008-05-06 | 20 | 0 | REQUEST FOR ENTRY OF DEFAULT by David A Bardes as to Defendant Sheriff James A Cannon. (Attachments: # 1 Affidavit of David A Bardes and supporting documentation)(ssan, ) (Entered: 05/06/2008) | |||
| 2008-05-06 | 21 | 0 | Clerk's ENTRY OF DEFAULT as to James A Cannon, Jr. (ssan, ) (Entered: 05/06/2008) | |||
| 2008-05-08 | 22 | 0 | MOTION to Set Aside Default by James A Cannon, Jr. Response to Motion due by 5/27/2008 (Attachments: # 1 Memo in Support, # 2 Request for Default Received 5-8-08, # 3 Plaintiff's Demand Letter received 5-7-08, # 4 Certificate of Service)No proposed orderMotions referred to Robert S Carr.(McDonald, Stephanie) (Entered: 05/08/2008) | |||
| 2008-05-12 | 23 | 0 | MOTION for Default Judgment as to Sheriff Al Cannon by David A Bardes. Response to Motion due by 5/30/2008. (Attachments: # 1 Envelope)Motions referred to Robert S Carr.(ssan, ) (Entered: 05/12/2008) | |||
| 2008-05-20 | 24 | 0 | NOTICE of Change of Address by David A Bardes. Address updated this date in ECF. (Attachments: # 1 Envelope)(ssan, ) (Entered: 05/20/2008) | |||
| 2008-05-27 | 26 | 0 | ORDER granting 22 Motion to Set Aside Default and to File a Late Answer as to Defendant Sheriff Cannon. Signed by Honorable Patrick Michael Duffy on 5/27/08.(chub, ) (Entered: 05/27/2008) | |||
| 2008-05-27 | 27 | 0 | ORDER denying 23 Motion for Default Judgment. Signed by Honorable Patrick Michael Duffy on 5/27/08.(chub, ) (Entered: 05/27/2008) | |||
| 2008-05-28 | 28 | 0 | ***DOCUMENT MAILED 26 Order on Motion to Set Aside Default, 27 Order on Motion for Default Judgment placed in U.S. Mail to David A. Bardes (mnew, ) (Entered: 05/28/2008) | |||
| 2008-05-28 | 29 | 0 | SECOND NOTICE of Change of Address by David A Bardes. Address updated this date in ECF. (Attachments: # 1 Envelope)(ssan, ) (Entered: 05/28/2008) | |||
| 2008-06-09 | 30 | 0 | ANSWER to 1 Complaint by James A Cannon, Jr. (Attachments: # 1 Certificate of Service)(McDonald, Stephanie) (Entered: 06/09/2008) | |||
| 2008-06-24 | 31 | 0 | Additional Attachments to Main Document 16 MOTION to Amend/Correct 1 Complaint. (ssan, ) (Entered: 06/24/2008) | |||
| 2008-06-24 | 32 | 0 | ENTRY DELETED and refiled. Corrected Filing Document Number: 31. Reason for Deletion: incorrect event used. (ssan, ) (Entered: 06/24/2008) | |||
| 2008-06-25 | 33 | 0 | ORDER denying 7 Motion to Change Venue; adopting in part Report and Recommendations re 11 Report and Recommendations; granting 16 Motion to Amend/Correct. Signed by Honorable Patrick Michael Duffy on 6/25/08.(asmi, ) (Entered: 06/25/2008) | |||
| 2008-06-25 | 34 | 0 | ***DOCUMENT MAILED 33 Order on Motion to Change Venue, Order on Report and Recommendations, Order on Motion to Amend/Correct placed in U.S. Mail to David A. Bardes (mnew, ) (Entered: 06/25/2008) | |||
| 2008-07-25 | 36 | 0 | MOTION for Extension of Time to Amend 1 Complaint by David A Bardes. Response to Motion due by 8/12/2008. No proposed order.Motions referred to Robert S Carr.(ssan, ) (Entered: 07/25/2008) | |||
| 2008-07-28 | 38 | 0 | MOTION for Ad Hoc Electronic Filing Access by David A Bardes. Response to Motion due by 8/15/2008. Motions referred to Robert S Carr.(ssan, ) (Entered: 07/28/2008) | |||
| 2008-07-28 | 39 | 0 | MOTION to Appoint Attorney and/or Guardian ad Litem for Plaintiff's minor children by David A Bardes. Response to Motion due by 8/15/2008. (Attachments: # 1 Envelope)Motions referred to Robert S Carr.(ssan, ) (Entered: 07/28/2008) | |||
| 2008-07-29 | 40 | 0 | MOTION to Compel Discovery by David A Bardes. Response to Motion due by 8/18/2008. (Attachments: # 1 Envelope)Motions referred to Robert S Carr.(ssan, ) (Entered: 07/29/2008) | |||
| 2008-08-01 | 41 | 0 | RESPONSE in Support re 36 MOTION for Extension of Time to Amend 1 Complaint Response filed by James A Cannon, Jr. (Attachments: # 1 Certificate of Service)(McDonald, Stephanie) (Entered: 08/01/2008) | |||
| 2008-08-04 | 42 | 0 | ORDER granting 36 Motion for Extension of Time to Amend 1 Complaint. Amended complaint deadline is 8/4/2008. Signed by Magistrate Judge Robert S Carr on 8/4/2008.(ssan, ) (Entered: 08/04/2008) | |||
| 2008-08-05 | 43 | 0 | ***DOCUMENT MAILED 42 Order on Motion for Extension of Time to Amend placed in U.S. Mail to David A Bardes. (ssan, ) (Entered: 08/05/2008) | |||
| 2008-08-18 | 44 | 0 | RESPONSE in Opposition re 40 MOTION to Compel Response filed by James A Cannon, Jr.Reply to Response to Motion due by 8/28/2008 (Attachments: # 1 Defendant's Responses to Plaintiff's Request for Discovery, # 2 Certificate of Service)(McDonald, Stephanie) (Entered: 08/18/2008) | |||
| 2008-08-22 | 45 | 0 | MOTION for Extension of Time to Supplement Discovery Responses, per document 44 by James A Cannon, Jr. Response to Motion due by 9/9/2008. No proposed order.Motions referred to Robert S Carr.(ssan, ) (Entered: 08/22/2008) | |||
| 2008-08-22 | 46 | 0 | ENTRY DELETED: 45,46,47. Corrected Filing Document Number: 45 Modified filing date to that of original filing: 8/22/2008 Response due date modified to that of original filing: 9/9/2008 Reason for Deletions: incorrect event used. (ssan, ) (Entered: 08/22/2008) | |||
| 2008-08-22 | 47 | 0 | SCHEDULING ORDER A Scheduling Conference shall be held in this action on Monday, September 15, 2008 at 10:00 AM at the United States District Court, 85 Broad Street, Courtroom No. 6, Charleston SC. FAILURE TO APPEAR AND COMPLY WITH THIS ORDER WILL RESULT IN SANCTIONS UP TO AND INCLUDING DISMISSAL OF THIS ACTION.Plaintiffs ID of Expert Witness due by 10/8/2008, Defendants ID of Expert Witnesses Due by 11/7/2008, Discovery due by 1/8/2009, Motion in Limine due by 3/26/2009, Motions due by 1/22/2009, Rule 26(a)(3) Disclosures due by 4/6/2009, Pretrial Briefs due by 5/25/2009, Jury Selection Deadline 6/1/2009, Mediation Due by 3/19/2009. Signed by Magistrate Judge Robert S Carr on 8/22/2008. (ssan, ) (Entered: 08/22/2008) | |||
| 2008-08-22 | 48 | 0 | NOTICE of Hearing: Scheduling Conference set for 9/15/2008 10:00 AM in Charleston Courtroom #6, U. S. Court House, 85 Broad St, Charleston before Magistrate Judge Robert S Carr. See Scheduling order 47 for details. FAILURE TO APPEAR AND COMPLY WITH THIS ORDER WILL RESULT IN SANCTIONS UP TO AND INCLUDING DISMISSAL OF THIS ACTION.(ssan, ) (Entered: 08/22/2008) | |||
| 2008-08-22 | 49 | 0 | ***DOCUMENT MAILED 48 Notice of Hearing, 47 Scheduling Order, placed in U.S. Mail certified, return receipt, to David A Bardes. (ssan, ) (Entered: 08/22/2008) | |||
| 2008-08-26 | 50 | 0 | PLAINTIFF'S COURTESY NOTICE of Amendment Status with Bifurcation. (ssan, ) (Entered: 08/26/2008) | |||
| 2008-08-29 | 52 | 0 | ACKNOWLEDGEMENT OF SERVICE Executed as to 48 Notice of Hearing. Acknowledgement filed by David A Bardes. NOTE: Green card NOT signed by David Bardes. (ssan, ) (Entered: 08/29/2008) | |||
| 2008-08-29 | 53 | 0 | ***DOCUMENT RE-MAILED 47 Scheduling Order, placed in U.S. Mail to David A Bardes certified, return receipt, RESTRICTED Delivery. (ssan, ) (Entered: 08/29/2008) | |||
| 2008-09-15 | 55 | 0 | Minute Entry. Proceedings held before Magistrate Judge Robert S Carr: denying 38 Motion for Electronic Filing Access ; denying 39 Motion to Appoint ad Litem. ; granting in part and denying in part 40 Motion to Compel; finding as moot 45 Motion for Extension of Time; Scheduling Conference held on 9/15/2008; Motions terminated: Court will set a Scheduling Conference after all parties have been served Amended Complaint. Court Reporter Susan Sanders, FTR. (dpat, ) (Entered: 09/15/2008) | |||
| 2008-09-15 | 56 | 0 | AMENDED COMPLAINT against all defendants, filed by David A Bardes.(ssan, ) Modified on 9/18/2008 additional attachments added as documents 57 and 58 (ssan, ). (Entered: 09/16/2008) | |||
| 2008-09-15 | 57 | 0 | Additional Attachments to Main Document 56 Amended Complaint (Labeled as The Public Trust, pages 1-125). (ssan, ) (Entered: 09/16/2008) | |||
| 2008-09-15 | 58 | 0 | Additional Attachments to Main Document 56 Amended Complaint (The Public Trust, pages 126-end). (ssan, ) (Entered: 09/16/2008) | |||
| 2008-09-15 | 59 | 0 | Summons Issued (Restricted Access) as to Odessa Williams, James A Cannon, Jr, Correct Care Solutions LLC, R Wright Turbeville, Jocelyn B Cate, Paul W Garfinkel, Julie J Armstrong, Wishart Norris Henninger and Pittman PA, Wade Harrison, John M Magera, State Of South Carolina, Charleston County South Carolina, County Council of Charleston South Carolina, McRoy Canterbury, Jr, Kathleen M Hayes. (ssan, ) (Entered: 09/16/2008) | |||
| 2008-09-29 | 60 | 0 | ANSWER to 56 Amended Complaint by James A Cannon, Jr. (Attachments: (McDonald, Stephanie) (Additional attachment(s) added on 9/30/2008: # 1 Certificate of Service) (ssan, ). Modified on 9/30/2008 replaced incorrect certificate of service with corrected version as provided by the filing user (ssan, ). (Entered: 09/29/2008) | |||
| 2008-09-30 | 61 | 0 | ENTRY DELETED 61. Document filed as an additional attachment (corrected Certificate of Service) replaced the attached certificate of service in document 60 . (ssan, ) (Entered: 09/30/2008) | |||
| 2008-10-07 | 62 | 0 | CONSENT ORDER extending time to Answer 56 Amended Complaint filed by David A Bardes. Wishart Norris Henninger and Pittman PA answer due 10/22/2008; Wade Harrison answer due 10/22/2008. Signed by Magistrate Judge Robert S Carr on 10/7/2008. (ssan, ) (Entered: 10/07/2008) | |||
| 2008-10-07 | 63 | 0 | ***DOCUMENT MAILED 62 Order, Set Deadlines, placed in U.S. Mail to David A Bardes. (ssan, ) (Entered: 10/07/2008) | |||
| 2008-10-09 | 66 | 0 | OBJECTIONS by David A Bardes to 60 Answer to Amended Complaint. (Attachments: # 1 Exhibit Inmate records, # 2 Certificate of Service, # 3 Envelope)(ssan, ) (Entered: 10/09/2008) | |||
| 2008-10-09 | 67 | 0 | NOTICE of Voluntary Dismissal of Defendant Odessa Williams by David A Bardes. (ssan, ) (Entered: 10/09/2008) | |||
| 2008-10-09 | 69 | 0 | AMENDED CONSENT ORDER for enlargement of time for Defendants Harrison and WNHP until October 22, 2008 to respond to Plaintiff's First Amended Complaint. Signed by Magistrate Judge Robert S Carr on 10/9/2008. (ssan, ) (Entered: 10/09/2008) | |||
| 2008-10-09 | 70 | 0 | ***DOCUMENT MAILED 69 Order placed in U.S. Mail to David A Bardes. (ssan, ) (Entered: 10/09/2008) | |||
| 2008-10-14 | 71 | 0 | First MOTION to Dismiss filed by Correct Care Solutions LLC. Response to Motion due by 11/3/2008 No proposed orderMotions referred to Robert S Carr.(Maybank, Roy) (Entered: 10/14/2008) | |||
| 2008-10-14 | 72 | 0 | ANSWER to 56 Amended Complaint filed by Correct Care Solutions LLC.(Maybank, Roy) (Entered: 10/14/2008) | |||
| 2008-10-14 | 73 | 0 | CERTIFICATE OF SERVICE by Correct Care Solutions LLC re 71 First MOTION to Dismiss filed, 72 Answer to Amended Complaint filed by (Maybank, Roy) (Entered: 10/14/2008) | |||
| 2008-10-14 | 74 | 0 | MOTION to Dismiss Amended Complaint by R Wright Turbeville, Jocelyn B Cate, Paul W Garfinkel, State Of South Carolina. Response to Motion due by 11/3/2008 (Attachments: # 1 Memo in Support, # 2 Certificate of Service, # 3 Unpublished case, # 4 Unpublished case)No proposed orderMotions referred to Robert S Carr.(McDonald, Stephanie) (Entered: 10/14/2008) | |||
| 2008-10-15 | 75 | 0 | MOTION to Dismiss Amended Complaint by Julie J Armstrong, Charleston County South Carolina, County Council of Charleston South Carolina, McRoy Canterbury, Jr. Response to Motion due by 11/3/2008 (Attachments: # 1 Memo in Support, # 2 Certificate of Service, # 3 Unpublished Case, # 4 Unpublished Case 2)No proposed orderMotions referred to Robert S Carr.(McDonald, Stephanie) (Entered: 10/15/2008) | |||
| 2008-10-16 | 76 | 0 | ROSEBORO ORDER directing clerk to forward summary judgment explanation to the opposing party and directing that party to respond in 34 days. Response due to 71 First MOTION to Dismiss filed, 74 MOTION to Dismiss Amended Complaint, 75 MOTION to Dismiss Amended Complaint by 11/19/2008. Signed by Magistrate Judge Robert S Carr on 10/15/08. (rpol, ) (Entered: 10/16/2008) | |||
| 2008-10-16 | 77 | 0 | ***DOCUMENT MAILED 76 Roseboro Order, placed in U.S. Mail to David A Bardes. (rpol, ) (Entered: 10/16/2008) | |||
| 2008-10-16 | 78 | 0 | RESPONSE in Opposition re 74 MOTION to Dismiss Amended Complaint. Response filed by David A Bardes. Reply to Response to Motion due by 10/27/2008. (rpol, ) (Entered: 10/16/2008) | |||
| 2008-10-17 | 79 | 0 | SUMMONS Returned Executed by David A Bardes. R Wright Turbeville served on 10/13/2008, answer due 11/3/2008; Jocelyn B Cate served on 10/13/2008, answer due 11/3/2008; Paul W Garfinkel served on 10/13/2008, answer due 11/3/2008; Julie J Armstrong served on 10/13/2008, answer due 11/3/2008; Wade Harrison served on 10/13/2008, answer due 11/3/2008; McRoy Canterbury, Jr served on 10/13/2008, answer due 11/3/2008; Kathleen M Hayes served on 10/13/2008, answer due 11/3/2008; John Magera served 10/15/2008, answer due 11/5/2008. (Attachments: # 1 Envelope and Cover Letter)(rpol, ) Modified on docket text 10/22/2008 (ssan, ). (Entered: 10/20/2008) | |||
| 2008-10-21 | 81 | 0 | MOTION to Appear Pro Hac Vice by Pamela S. Duffy ( Filing fee $ 250 receipt number 04200000000001767947) by Wishart Norris Henninger and Pittman PA, Wade Harrison. Response to Motion due by 11/10/2008 (Attachments: # 1 Affidavit Application for Admission Pro Hac Vice)No proposed order(Gillians, Bernadette) (Entered: 10/21/2008) | |||
| 2008-10-22 | 82 | 0 | RESPONSE in Opposition re 75 MOTION to Dismiss Amended Complaint Response filed by David A Bardes.Reply to Response to Motion due by 11/3/2008. (ssan, ) (Entered: 10/22/2008) | |||
| 2008-10-22 | 83 | 0 | MOTION to Dismiss by Wishart Norris Henninger and Pittman PA, Wade Harrison. Response to Motion due by 11/10/2008 (Attachments: # 1 Memo in Support Memorandum of Law in Support of Motion to Dismiss, # 2 Exhibit Exhibit 1 - Excerpts of Plaintiff's Amended Complaint, # 3 Exhibit Exhibit 2 - Unpublished Cases Pursuant to LR 7.05(A)(4), # 4 Affidavit Affidavit of J. Wade Harrison in Support of Motion to Dismiss)No proposed orderMotions referred to Robert S Carr.(Gillians, Bernadette) (Entered: 10/22/2008) | |||
| 2008-10-23 | 84 | 0 | CERTIFICATE OF SERVICE by Wishart Norris Henninger and Pittman PA, Wade Harrison re 83 MOTION to Dismiss on Plaintiff David A. Bardes (Gillians, Bernadette) (Entered: 10/23/2008) | |||
| 2008-10-24 | 85 | 0 | ORDER granting 81 Motion to Appear Pro Hac Vice. Signed by Magistrate Judge Robert S Carr, at the direction of USDJ P. Michael Duffy, on 10/23/08.(rpol, ) (Entered: 10/24/2008) | |||
| 2008-10-24 | 86 | 0 | ROSEBORO ORDER directing clerk to forward summary judgment explanation to the opposing party and directing that party to respond in 34 days. Response due to 83 MOTION to Dismiss by 11/28/2008. Signed by Magistrate Judge Robert S Carr on 10/23/08. (rpol, ) (Entered: 10/24/2008) | |||
| 2008-10-24 | 87 | 0 | ***DOCUMENT MAILED 86 Roseboro Order, 85 Order on Motion to Appear Pro Hac Vice placed in U.S. Mail to David A Bardes. (rpol, ) (Entered: 10/24/2008) | |||
| 2008-11-03 | 89 | 0 | MOTION to Dismiss by John M Magera, Kathleen M Hayes. Response to Motion due by 11/21/2008 (Attachments: # 1 Memo in Support, # 2 Certificate of Service)No proposed orderMotions referred to Robert S Carr.(McDonald, Stephanie) (Entered: 11/03/2008) | |||
| 2008-11-05 | 90 | 0 | ROSEBORO ORDER directing clerk to forward summary judgment explanation to the opposing party and directing that party to respond in 34 days. Response due to 89 MOTION to Dismiss by 12/9/2008. Signed by Magistrate Judge Robert S Carr on 11/4/2008. (ssan, ) (Entered: 11/05/2008) | |||
| 2008-11-05 | 91 | 0 | ***DOCUMENT MAILED 90 Roseboro Order, placed in U.S. Mail to David A Bardes. (ssan, ) (Entered: 11/05/2008) | |||
| 2008-11-19 | 94 | 0 | RESPONSE in Opposition re 74 MOTION to Dismiss Amended Complaint, 83 MOTION to Dismiss, 71 First MOTION to Dismiss filed, 75 MOTION to Dismiss Amended Complaint, 89 MOTION to Dismiss Response filed by David A Bardes.Reply to Response to Motion due by 12/1/2008. (Attachments: # 1 Certificate of Service, # 2 Exhibit 1 Table of Claims, # 3 Exhibit 2 Pennsylvania Case Docket, # 4 Exhibit 3 Child Support Credit, # 5 Exhibit 4 "DSS Destroy Letters", # 6 Exhibit 5 Case in Pictures, # 7 Exhibit 6 Magera's Death Threat, # 8 Exhibit 7 Magera's Fake Court Order, # 9 Exhibit 8 The Jail's Log, # 10 Exhibit 9 The Medical Refusal Form, # 11 Exhibit 10 The Doctor's Visit, # 12 Exhibit 11 Dr. Wheeler's Psychologist Assessment, # 13 Envelope)(ssan, ) (Entered: 11/19/2008) | |||
| 2008-11-24 | 95 | 0 | ORDER:Plaintiff has responded to motions to dismiss complaint and amended complaint, submitting matters beyond the pleadings. All parties must be given a reasonable opportunity to respond and present materials pertinent to plaintiff's exhibits. Accordingly, the parties are directed to complete Discovery by 3/2/2009, and to file all material pertinent to the motion by 4/6/2009. Signed by Magistrate Judge Robert S Carr on 11/24/2008. (ssan, ) (Entered: 11/24/2008) | |||
| 2008-11-24 | 96 | 0 | ***DOCUMENT MAILED 95 Order, Set Deadlines, placed in U.S. Mail to David A Bardes. (ssan, ) (Entered: 11/24/2008) | |||
| 2008-12-09 | 98 | 0 | MOTION FOR RECONSIDERATION OF 95 ORDER by R Wright Turbeville, Jocelyn B Cate, Paul W Garfinkel, Julie J Armstrong, John M Magera, State Of South Carolina, Charleston County South Carolina, County Council of Charleston South Carolina, McRoy Canterbury, Jr, Kathleen M Hayes. Response to Motion due by 12/29/2008. (Attachments: # 1 Memo in Support, # 2 Unpublished Case, # 3 Plaintiff's First Request for Depositions, # 4 Certificate of Service)(McDonald, Stephanie) Modified on 12/11/2008 to correct event type (ssan, ). (Entered: 12/09/2008) | |||
| 2008-12-11 | 100 | 0 | RESPONSE in Opposition to 98 MOTION for Reconsideration; Response filed by David A Bardes.Reply to Response to Motion due by 12/22/2008. (Attachments: # 1 Envelope)(ssan, ) (Main Document 100 replaced on 10/26/2009) (sshe, ). (Attachment 1 replaced on 10/26/2009) (sshe, ). (Entered: 12/11/2008) | |||
| 2008-12-16 | 101 | 0 | ORDER denying 98 Motion for Reconsideration re 95 Order. Signed by Magistrate Judge Robert S Carr on 12/16/2008.(ssan, ) (Entered: 12/16/2008) | |||
| 2008-12-16 | 102 | 0 | APPEAL OF MAGISTRATE JUDGE DECISION to District Court by James A Cannon, Jr, R Wright Turbeville, Jocelyn B Cate, Paul W Garfinkel, Julie J Armstrong, John M Magera, State Of South Carolina, County Council of Charleston South Carolina, McRoy Canterbury, Jr, Kathleen M Hayes re 78 Response in Opposition to Motion, 82 Response in Opposition to Motion, 95 Order,, Set Deadlines, 74 MOTION to Dismiss Amended Complaint, 75 MOTION to Dismiss Amended Complaint, 100 Response in Opposition to Motion, 101 Order on Motion for Reconsideration, 89 MOTION to Dismiss, 94 Response in Opposition to Motion,,, (Attachments: # 1 Exhibit, # 2 Certificate of Service)(McDonald, Stephanie) (Entered: 12/16/2008) | |||
| 2008-12-17 | 103 | 0 | ***DOCUMENT MAILED 101 Order on Motion for Reconsideration placed in U.S. Mail to David A Bardes. (ssan, ) (Entered: 12/17/2008) | |||
| 2008-12-18 | 104 | 0 | MOTION to Take Deposition from Government Defendants by David A Bardes. Response to Motion due by 1/5/2009. (Attachments: # 1 Envelope)Motions referred to Robert S Carr.(ssan, ) (Entered: 12/19/2008) | |||
| 2008-12-18 | 105 | 0 | MOTION to Take Deposition from Wade Harrison by David A Bardes. Response to Motion due by 1/5/2009. Motions referred to Robert S Carr.(ssan, ) (Entered: 12/19/2008) | |||
| 2008-12-30 | 107 | 0 | DELETION OF ENTRY NUMBER 106 Reason:Per Local Civil Rule 5. 01: Filing of Discovery. Interrogatories under Rule 33 Fed. R. Civ. P. and responses thereto, Requests under Rule 34 Fed. R. Civ. P. and responses thereto, and Requests for Admissions under Rule 36 Fed. R. Civ. P. and responses thereto (collectively discovery material) shall be served upon other counsel or parties, but shall not be filed with the Court. (ssan, ) (Entered: 12/30/2008) | |||
| 2009-01-05 | 108 | 0 | RESPONSE in Opposition re 104 MOTION to Take Deposition from Government Defendants and in Support of their Motion for a Protective Order Response filed by James A Cannon, Jr, R Wright Turbeville, Jocelyn B Cate, Paul W Garfinkel, John M Magera, State Of South Carolina.Reply to Response to Motion due by 1/15/2009 (Attachments: # 1 Certificate of Service, # 2 Unpublished Case, # 3 Unpublished Case 2, # 4 Unpublished Case 3)(McDonald, Stephanie) (Entered: 01/05/2009) | |||
| 2009-01-05 | 109 | 0 | MOTION for Protective Order by James A Cannon, Jr, R Wright Turbeville, Jocelyn B Cate, Paul W Garfinkel, Julie J Armstrong, John M Magera, State Of South Carolina, Charleston County South Carolina, County Council of Charleston South Carolina, Kathleen M Hayes. Response to Motion due by 1/23/2009 (Attachments: # 1 Memo in Support, # 2 Certificate of Service)No proposed orderMotions referred to Robert S Carr.(McDonald, Stephanie) (Entered: 01/05/2009) | |||
| 2009-01-08 | 111 | 0 | ORDER denying 104 Motion to Take Deposition from Government Defendants and denying 105 motion to take deposition from Wade Harrison. Signed by Magistrate Judge Robert S Carr on 1/8/2009.(ssan, ) Modified on 1/8/2009 to correct docket text to reflect that order 105 was also denied. (ssan, ). (Entered: 01/08/2009) | |||
| 2009-01-08 | 112 | 0 | ***DOCUMENT MAILED 111 Order on Motion to Take Deposition placed in U.S. Mail to David A Bardes. (ssan, ) (Entered: 01/08/2009) | |||
| 2009-01-09 | 115 | 0 | REPLY to Response to Motion re 104 MOTION to Take Deposition from Government Defendants. Response filed by David A Bardes. (Attachments: # 1 Exhibit 1 Inmate Request Form 5, # 2 Envelope)(ssan, ) (Entered: 01/09/2009) | |||
| 2009-03-06 | 118 | 0 | MOTION for Extension of Time to Complete Discovery by David A Bardes. Response to Motion due by 3/24/2009 (Attachments: # 1 Exhibit e-mail, # 2 Certificate of Service)No proposed orderMotions referred to Robert S Carr.(sshe, ) (Entered: 03/09/2009) | |||
| 2009-03-09 | 119 | 0 | Deficiency Memo Re Document #118 Motion for Extension of Time to Complete Discovery See attached Deficiency Memo. Any response due is based on the filing date of the original document. Pro Se filer. Docket Correction due 3/16/2009. (sshe, ) (Entered: 03/09/2009) | |||
| 2009-03-09 | 120 | 0 | ***DOCUMENT MAILED 119 Deficiency Memo placed in U.S. Mail to David A Bardes (sshe, ) (Entered: 03/09/2009) | |||
| 2009-03-23 | 123 | 0 | First MOTION for Protective Order, First MOTION to Quash ( Response to Motion due by 4/10/2009) by Correct Care Solutions LLC. (Attachments: # 1 Exhibit Exhibits 1-7)Proposed order is being emailed to chambers with copy to opposing counselMotions referred to Robert S Carr.(Maybank, Roy) (Entered: 03/23/2009) | |||
| 2009-03-23 | 124 | 0 | CERTIFICATE OF SERVICE by Correct Care Solutions LLC re 123 First MOTION for Protective OrderFirst MOTION to Quash (Maybank, Roy) (Entered: 03/23/2009) | |||
| 2009-03-24 | 125 | 0 | RESPONSE in Support re 118 MOTION for Extension of Time to Complete Discovery Response filed by James A Cannon, Jr, R Wright Turbeville, Jocelyn B Cate, Paul W Garfinkel, Julie J Armstrong, John M Magera, State Of South Carolina, Charleston County South Carolina, County Council of Charleston South Carolina, McRoy Canterbury, Jr, Kathleen M Hayes. (Attachments: # 1 Certificate of Service)(McDonald, Stephanie) (Entered: 03/24/2009) | |||
| 2009-03-24 | 126 | 0 | RESPONSE in Opposition re 118 MOTION for Extension of Time to Complete Discovery as to Defendants Harrison and Wishart Norris Henninger and Pittman PA Response filed by Wishart Norris Henninger and Pittman PA, Wade Harrison.Reply to Response to Motion due by 4/3/2009 (Attachments: # 1 Exhibit Consent to Close of Discovery)(Gillians, Bernadette) (Entered: 03/24/2009) | |||
| 2009-03-24 | 127 | 0 | CERTIFICATE OF SERVICE by Wishart Norris Henninger and Pittman PA, Wade Harrison re 126 Response in Opposition to Motion, on Pro Se Plaintiff (Gillians, Bernadette) (Entered: 03/24/2009) | |||
| 2009-04-02 | 129 | 0 | NOTICE of Hearing on Motion 118 MOTION for Extension of Time to Complete Discovery, 123 First MOTION for Protective OrderFirst MOTION to Quash : Motion Hearing set for 4/17/2009 10:00 AM in Charleston Courtroom #6, U. S. Court House, 85 Broad St, Charleston before Magistrate Judge Robert S Carr. (dpat, ) (Entered: 04/02/2009) | |||
| 2009-04-02 | 130 | 0 | ***DOCUMENT MAILED 129 Notice of Hearing on Motion, placed in U.S. Mail certified, return receipt, to David A Bardis (dpat, ) (Entered: 04/02/2009) | |||
| 2009-04-02 | 131 | 0 | NOTICE OF RESCHEDULED HEARING Motion Hearing, 04/17/09 at 10:00 AM cancelled and rescheduled to: Motion Hearing set for 4/29/2009 10:00 AM in Charleston Courtroom #6, U. S. Court House, 85 Broad St, Charleston before Magistrate Judge Robert S Carr. (dpat, ) (Entered: 04/02/2009) | |||
| 2009-04-02 | 132 | 0 | ***DOCUMENT MAILED 131 Notice of Rescheduled Hearing, placed in U.S. Mail to David A Bardes, 2978 Ethan Point Drive, Suite 10112, Burlington, NC 27215 (dpat, ) (Entered: 04/02/2009) | |||
| 2009-04-06 | 133 | 0 | SUPPLEMENT by Wishart Norris Henninger and Pittman PA, Wade Harrison to 83 MOTION to Dismiss Supplemental Memorandum of Law in Support of Motion to Dismiss. (Attachments: # 1 Affidavit - Second Affidavit of Wade Harrison, # 2 Exhibit A to Harrison Affidavit, # 3 Exhibit B to Harrison Affidavit, # 4 Exhibit C to Harrison Affidavit, # 5 Exhibit D to Harrison Affidavit, # 6 Exhibit E to Harrison Affidavit, # 7 Exhibit F to Harrison Affidavit)(Gillians, Bernadette) (Entered: 04/06/2009) | |||
| 2009-04-06 | 134 | 0 | CERTIFICATE OF SERVICE by Wishart Norris Henninger and Pittman PA, Wade Harrison on Pro Se Plaintiff David A. Bardes (Gillians, Bernadette) (Entered: 04/06/2009) | |||
| 2009-04-10 | 136 | 0 | MOTION to Reschedule Hearing Date re 129 Notice of Hearing on Motion, by David A Bardes. Response to Motion due by 4/28/2009 (Attachments: # 1 Envelope)No proposed orderMotions referred to Robert S Carr.(sshe, ) (Entered: 04/10/2009) | |||
| 2009-04-29 | 140 | 0 | Minute Entry. Proceedings held before Magistrate Judge Robert S Carr: finding as moot 118 Motion for Extension of Time to Complete Discovery; denying 123 Motion for Protective Order; denying 123 Motion to Quash; Motion Hearing held on 4/29/2009. Discovery request to be provided within one week; Depositions to be completed within 30 days of receiving requested discovery; Summary Judgement motions to be filed within 15 days after completion of depositions. Court Reporter Debbie Potocki. (dpat, ) (Entered: 04/29/2009) | |||
| 2009-05-01 | 142 | 0 | ORDER that [Doc. #95] Magistrate Judge's November 24, 2008 Order directing the parties to complete discovery is REVERSED, and the court REMANDS Defendants' Motions to Dismiss [Docs. # 71, 74, 75, 83, and 89] to the Magistrate Judge with instructions to issue a Report and Recommendation regarding whether or not Plaintiff's claims against any of the Defendants should be dismissed. Moreover, the court STAYS any further discovery in this matter until Defendants' Motions to Dismiss have been ruled on. Signed by Honorable Patrick Michael Duffy on 5/1/09. (chub, ) (Entered: 05/01/2009) | |||
| 2009-05-05 | 143 | 0 | PRETRIAL MEMORANDUM ("Plaintiff's Closing Arguments") by David A Bardes. (Attachments: # 1 Exhibit 1 TortureChamber.pdf, # 2 Exhibit 2 RefusalForm.pdf, # 3 Exhibit 3 TopSecret.pdf, # 4 Exhibit 4 WhyIsTheJailSoCold.pdf, # 5 Exhibit 5 DestroyLetters.pdf, # 6 Envelope)(sshe, ) (Entered: 05/05/2009) | |||
| 2009-07-14 | 145 | 0 | AFFIDAVIT of David A Bardes re 143 Pretrial Memorandum, by David A Bardes. (Attachments: # 1 Exhibit 1 DeathByHypothermicTorture.pdf, # 2 Envelope)(sshe, ) (Entered: 07/14/2009) | |||
| 2009-08-10 | 146 | 0 | REPORT AND RECOMMENDATIONS re 1 Complaint filed by David A Bardes, 56 Amended Complaint filed by David A Bardes; 71 First MOTION to Dismiss filed filed by Correct Care Solutions LLC, 74 MOTION to Dismiss Amended Complaint filed by R Wright Turbeville, Jocelyn B Cate, Paul W Garfinkel, State Of South Carolina, 75 MOTION to Dismiss Amended Complaint filed by McRoy Canterbury, Jr, Charleston County South Carolina, County Council of Charleston South Carolina, Julie J Armstrong, 89 MOTION to Dismiss filed by John M Magera, Kathleen M Hayes, 83 MOTION to Dismiss filed by Wishart Norris Henninger and Pittman PA, Wade Harrison. Objections to R&R due by 8/27/2009. Signed by Magistrate Judge Robert S Carr on 8/10/2009. (sshe, ) (Entered: 08/10/2009) | |||
| 2009-08-10 | 147 | 0 | ***DOCUMENT MAILED 146 REPORT AND RECOMMENDATIONS re 1 Complaint filed by David A Bardes, placed in U.S. Mail to David A Bardes (sshe, ) (Entered: 08/10/2009) | |||
| 2009-08-18 | 150 | 0 | OBJECTION to 146 Report and Recommendations by David A Bardes. (Attachments: # 1 Envelope)(mnew, ) (Entered: 08/18/2009) | |||
| 2009-08-26 | 152 | 0 | REPLY by Wishart Norris Henninger and Pittman PA, Wade Harrisonto 150 Objection to Report and Recommendations filed by Plaintiff. (Attachments: # 1 Certificate of Service on Plaintiff)(Gillians, Bernadette) (Entered: 08/26/2009) | |||
| 2009-09-30 | 153 | 0 | ORDER granting 71 Motion to Dismiss; granting 74 Motion to Dismiss; granting 75 Motion to Dismiss; granting 83 Motion to Dismiss; granting 89 Motion to Dismiss; finding as moot 109 Motion for Protective Order; adopting 146 Report and Recommendations. Signed by Honorable Patrick Michael Duffy on 9/30/09.(jbow, ) (Entered: 09/30/2009) | 2010-10-07 17:04:09 | 7b005f5c9d9acd691019002efb1bb77005b87c12 | |
| 2009-09-30 | 154 | 0 | MOTION for Leave to File Motion for Summary Judgment by James A Cannon, Jr. Response to Motion due by 10/19/2009 (Attachments: # 1 Certificate of Service)Proposed order is being emailed to chambers with copy to opposing counselMotions referred to Robert S Carr.(McDonald, Stephanie) (Entered: 09/30/2009) | |||
| 2009-10-01 | 156 | 0 | ***DOCUMENT MAILED 153 Order on Motion to Dismiss, Order on Motion for Protective Order, Order on Report and Recommendations, placed in U.S. Mail to David A Bardes (sshe, ) (Entered: 10/01/2009) | |||
| 2009-10-01 | 158 | 0 | ORDER denying 154 Motion for Leave to File Signed by Magistrate Judge Robert S Carr on 10/1/2009.(sshe, ) (Entered: 10/01/2009) | |||
| 2009-10-01 | 159 | 0 | ***DOCUMENT MAILED 158 Order on Motion for Leave to File placed in U.S. Mail to David A Bardes (sshe, ) (Entered: 10/01/2009) | |||
| 2009-10-01 | 160 | 0 | OBJECTIONS byJames A Cannon, Jr to 158 Order on Motion for Leave to File. (Attachments: # 1 Certificate of Service)(McDonald, Stephanie) (Entered: 10/01/2009) | |||
| 2009-10-09 | 161 | 0 | ORDER granting Defendant Sheriff Cannon's Motion for Leave to File a Motion for Summary Judgment.Signed by Honorable Patrick Michael Duffy on 10/09/09. (jbow, ) (Entered: 10/09/2009) | |||
| 2009-10-13 | 162 | 0 | ***DOCUMENT MAILED 161 Order Granting Defendant Cannon's Motion for Leave to File Motion for Summary Judgment, placed in U.S. Mail to David Bardes. (ltap, ) Modified docket text on 10/14/2009 (ltap, ). (Entered: 10/13/2009) | |||
| 2009-10-13 | 163 | 0 | NOTICE OF INTERLOCUTORY APPEAL as to 153 Order on Motion to Dismiss, Order on Motion for Protective Order, and Order on Report and Recommendations by David A Bardes. Appeal emailed to Chambers w/o signature filed, Clerk will replace document with signed copy once received. The Docketing Statement form, Transcript Order form, and CJA 24 form may be obtained from the Fourth Circuit website at www.ca4.uscourts.gov (ltap, ) (Additional attachment(s) added on 10/21/2009: # 1 Signature Pages) (ltap, ). (Entered: 10/15/2009) | |||
| 2009-10-15 | 164 | 0 | Transmittal Sheet for Notice of Appeal to USCA re 163 Notice of Interlocutory Appeal, The Clerk's Office hereby certifies the record and the docket sheet available through ECF to be the certified list in lieu of the record and/or the certified copy of the docket entries. (ltap, ) (Entered: 10/15/2009) | |||
| 2009-10-19 | 165 | 0 | Mail Returned as Undeliverable. Addressee: David Bardes. Document Returned: 161 Order Ruling on Report and Recommendations. (ltap, ) (Entered: 10/19/2009) | |||
| 2009-10-19 | 166 | 0 | NOTICE of Change of Address by David A Bardes. Address updated this date in ECF and Order 161 remailed to 2978 Ethan Pointe Dr. (ltap, ) (Entered: 10/19/2009) | |||
| 2009-10-21 | 168 | 0 | Appeal Remark re 163 Notice of Interlocutory Appeal (sshe, ) (Entered: 10/21/2009) | |||
| 2009-10-27 | 169 | 0 | Appeal Remark re 163 Notice of Interlocutory Appeal: Amended notice of appeal being forwarded to USDC re Appeal #09-2191. (sshe, ) (Entered: 10/27/2009) | |||
| 2009-11-09 | 170 | 0 | USCA Appeal Fees received $ 455 receipt number SCX200007381 re 163 Notice of Interlocutory Appeal, filed by David A Bardes (sshe, ) (Entered: 11/09/2009) | |||
| 2009-12-08 | 171 | 0 | MOTION to Compel Discovery by David A Bardes. Response to Motion due by 12/28/2009 (Attachments: # 1 Exhibit, # 2 Envelope) No proposed order. Motions referred to Robert S Carr.(ltap, ) (Attachment 1 replaced on 12/11/2009) (ltap, ). (Entered: 12/09/2009) | |||
| 2009-12-23 | 172 | 0 | RESPONSE in Opposition re 171 MOTION to Compel Response filed by James A Cannon, Jr.Reply to Response to Motion due by 1/4/2010 (Attachments: # 1 Certificate of Service, # 2 Correspondence to Plaintiff - enclosing discovery, # 3 Correspondence with Plaintiff - depositions, # 4 Correspondence with Plaintiff - Court's ruling, # 5 Portion of 4.29.09 transcript)(McDonald, Stephanie) (Entered: 12/23/2009) | |||
| 2009-12-28 | 173 | 0 | REPLY to Response to Motion re 171 MOTION to Compel. Response filed by David A Bardes. (Attachments: # 1 Exhibit, # 2 Envelope)(ltap, ) (Entered: 12/28/2009) | |||
| 2009-12-30 | 174 | 0 | ORDER denying 171 Motion to Compel. The Court further orders that the plaintiff complete any depositions necessary on or before 1/31/10. Dispositive motions must be filed on or before 2/15/10. Signed by Magistrate Judge Robert S Carr on 12/30/09.(ltap, ) (Entered: 12/30/2009) | |||
| 2009-12-30 | 175 | 0 | ***DOCUMENT MAILED 174 Order on Motion to Compel, placed in U.S. Mail to David Bardes (ltap, ) (Entered: 12/30/2009) | |||
| 2010-01-05 | 176 | 0 | OBJECTIONS by David A Bardes to 174 Order on Motion to Compel. (Attachments: # 1 Envelope)(ltap, ) (Entered: 01/06/2010) | |||
| 2010-01-06 | 177 | 0 | NOTICE of Change of Address by David A Bardes. Address updated this date in ECF. (Attachments: # 1 Envelope)(ltap, ) (Entered: 01/07/2010) | |||
| 2010-01-11 | 178 | 0 | ORDER denying 176 Objections filed by David A Bardes to 174 Order on Motion to Compel. Signed by Honorable Patrick Michael Duffy on 1/11/10. (chub, ) (Entered: 01/11/2010) | |||
| 2010-01-12 | 179 | 0 | ***DOCUMENT MAILED 178 Order placed in U.S. Mail to David Bardes. (ltap, ) (Entered: 01/12/2010) | |||
| 2010-01-21 | 180 | 0 | NOTICE of Change of Address by David A Bardes. Address updated this date in ECF. (Attachments: # 1 Envelope)(ltap, ) (Entered: 01/21/2010) | |||
| 2010-02-16 | 181 | 0 | MOTION for Summary Judgment by James A Cannon, Jr. Response to Motion due by 3/5/2010 (Attachments: # 1 Memo in Support, # 2 Certificate of Service, # 3 Unpublished Case - Gannon, # 4 Unpublished Case - Malik, # 5 Piening Deposition and Records, # 6 Frazier Deposition and Records, # 7 Dyer Deposition, # 8 Affidavit Mitch Moye)No proposed orderMotions referred to Robert S Carr.(McDonald, Stephanie) (Entered: 02/16/2010) | |||
| 2010-02-18 | 182 | 0 | ROSEBORO ORDER directing clerk to forward summary judgment explanation to the opposing party and directing that party to respond in 34 days. Response due to 181 MOTION for Summary Judgment by 3/24/2010. Signed by Magistrate Judge Robert S Carr on 2/17/10. (ltap, ) (Entered: 02/18/2010) | |||
| 2010-02-18 | 183 | 0 | ***DOCUMENT MAILED 182 Roseboro Order placed in U.S. Mail to David Bardes. (ltap, ) (Entered: 02/18/2010) | |||
| 2010-02-25 | 184 | 0 | RESPONSE in Opposition re 181 MOTION for Summary Judgment, filed by David A Bardes. Reply to Response to Motion due by 3/8/2010 (Attachments: # 1 Exhibit, # 2 Cover Letter, # 3 Envelope)(ltap, ) Modified on 2/26/2010, additional attachments 186 filed 2/26/10. (ltap, ). (Entered: 02/25/2010) | |||
| 2010-02-26 | 186 | 0 | Additional Attachments to Main Document 184 Response in Opposition to Motion. (Attachments: # 1 Exhibit, # 2 Envelope)(ltap, ) (Entered: 02/26/2010) | |||
| 2010-03-23 | 187 | 0 | USCA OPINION for 163 Notice of Interlocutory Appeal, filed by David A Bardes. The appeal is dismissed for lack of jurisdiction. (ltap, ) (Entered: 03/23/2010) | |||
| 2010-04-12 | 188 | 0 | USCA MANDATE and Judgment as to 163 Notice of Interlocutory Appeal filed by David A Bardes. This appeal is dismissed. The judgment takes effect this date. (Attachments: # 1 Judgment)(ltap, ) (Entered: 04/12/2010) | |||
| 2010-05-04 | 190 | 0 | DELETION OF DOCKET ENTRY #189. Reason: to be refiled using new event. Modified filing date to that of original filing: 5/3/10. (ltap, ) (Entered: 05/04/2010) | |||
| 2010-05-03 | 191 | 0 | OBJECTIONS by David A Bardes. (Attachments: # 1 Envelope)(ltap, ) (Entered: 05/04/2010) | |||
| 2010-06-18 | 193 | 0 | REPORT AND RECOMMENDATIONS of Madgistrate Judge Carr re 181 MOTION for Summary Judgment filed by James A Cannon, Jr. It is recommended that Defendant Cannon's Motion for Summary Judgment be granted and the action ended. Objections to R&R due by 7/6/2010. Signed by Magistrate Judge Robert S Carr on 6/17/10. (hhil, ) (Entered: 06/18/2010) | |||
| 2010-06-18 | 195 | 0 | ***DOCUMENT MAILED 193 REPORT AND RECOMMENDATIONS placed in U.S. Mail to David A. Bardes. (hhil, ) (Entered: 06/18/2010) | |||
| 2010-06-28 | 196 | 0 | OBJECTION to 193 Report and Recommendations by David A Bardes. (Attachments: # 1 Certificate of Service, # 2 Exhibits 1 -4, # 3 Envelope)(alan, ) (Entered: 06/28/2010) | |||
| 2010-07-06 | 197 | 0 | AFFIDAVIT in Support re 196 Objection to Report and Recommendations. (Attachments: # 1 Envelope)(alan, ) (Entered: 07/07/2010) | |||
| 2010-08-09 | 198 | 0 | ORDER RULING ON REPORT AND RECOMMENDATIONS. Signed by Honorable Patrick Michael Duffy on 8/9/10. (jbow, ) (Entered: 08/09/2010) | |||
| 2010-08-10 | 199 | 0 | JUDGMENT to adopt the Report and Recommendation of Magistrate Judge Carr, thus granting Defendant Sheriff James A Cannon Jr.'s motion for summary judgment and dismissing Plaintiff's claims. (alan, ) (Entered: 08/10/2010) | |||
| 2010-08-10 | 200 | 0 | ***DOCUMENTS MAILED: 199 Judgment AND 198 Order Ruling on Report and Recommendations placed in U.S. Mail to David A Bardes 2016 Glendale Lane Burlington, NC 27215. (alan, ) (Entered: 08/10/2010) | |||
| 2010-08-16 | 201 | 0 | NOTICE OF APPEAL re 198 Order Ruling on Report and Recommendations - The Docketing Statement form, Transcript Order form and CJA 24 form may be obtained from the Fourth Circuit website at www.ca4.uscourts.gov (Attachments: # 1 Certificate of Service)(alan, ) (Entered: 08/16/2010) | |||
| 2010-08-16 | 202 | 0 | Transmittal Sheet for Notice of Appeal to USCA re 201 Notice of Appeal, The Clerk's Office hereby certifies the record and the docket sheet available through ECF to be the certified list in lieu of the record and/or the certified copy of the docket entries. (alan, ) (Entered: 08/16/2010) | |||
| 2010-08-24 | 204 | 0 | NOTICE of Change of Address by David A Bardes. Updated in ECF. (hhil, ) (Entered: 09/07/2010) | |||
| 2010-08-24 | 205 | 0 | Filing fee:$ 455.00, receipt number SCX200008033. (hhil, ) (Entered: 09/07/2010) |